OTHER ABORIGINAL PEOPLES. 2.7.1 No provision in the Agreement shall be construed to
(a) recognize or provide any Aboriginal or treaty rights for any Aboriginal people other than the Tåîchô First Nation; or
(b) affect
(i) any treaty right of any Aboriginal people other than the Tåîchô, where the right existed before the provision of the Agreement was in effect, or
(ii) any Aboriginal rights of any Aboriginal people other than the Tåîchô.
2.7.2 If a superior court of a province or territory, the Federal Court of Canada or the Supreme Court of Canada finally determines that 2.7.1 has the effect of rendering a provision of the Agreement wholly or partially inoperative or ineffective because that provision of the Agreement would otherwise affect any right referred to in 2.7.1(b),
(a) upon notice by a Party, the Parties shall enter into negotiations for the amendment of the Agreement in order to resolve any problems caused by that provision being inoperable or ineffective and to provide new or replacement rights that are equivalent to or compensate for any rights of Tåîchô Citizens, the Tåîchô First Nation or the Tåîchô Government that would have been enjoyed under the provision; and
(b) if the Parties fail to reach agreement on an amendment under (a) within 90 days of the notice, a Party may refer the matter for resolution in accordance with chapter 6.
2.7.3 Notwithstanding any other provision in the Agreement, the Tåîchô Government may, pursuant to an agreement with another Aboriginal people, agree to share with that Aboriginal people rights held by Tåîchô Citizens, the Tåîchô First Nation or the Tåîchô Government under this Agreement, provided that no such sharing agreement shall affect the rights held by persons or peoples who are not party to that sharing agreement.
2.7.4 If an Aboriginal people reaches an agreement with the Tåîchô Government and with government to modify the authority or structure of the Wek’èezhìi Renewable Resource Board or the Wek’èezhìi Land and Water Board, the Parties shall amend the Agreement accordingly.
OTHER ABORIGINAL PEOPLES. 1.12.1 Nothing in this Agreement affects, recognizes or provides any rights under section 35 of the Constitution Act, 1982 for any aboriginal people other than Maa-nulth First Nations.
1.12.2 If a superior court of a province, the Federal Court of Canada or the Supreme Court of Canada finally determines that any aboriginal people, other than a Maa-nulth First Nation, has a right under section 35 of the Constitution Act, 1982 that is adversely affected by a provision of this Agreement:
a. that provision will operate and have effect to the extent it does not adversely affect that right; and
b. if the provision cannot operate and have effect in a way that it does not adversely affect that right, the Parties will make best efforts to amend this Agreement to remedy or replace that provision.
1.12.3 If Canada or British Columbia enters into a treaty or a land claims agreement, within the meaning of sections 25 and 35 of the Constitution Act, 1982, with any other aboriginal people and that treaty or land claims agreement adversely affects Maa-nulth First Nation Section 35 Rights as set out in this Agreement, Canada or British Columbia, or both, as the case may be, will provide the applicable Maa-nulth First Nation with additional or replacement rights or other appropriate remedies.
1.12.4 At the request of the applicable Maa-nulth First Nation, the Parties will negotiate and attempt to reach agreement on the provision of those additional or replacement rights or other appropriate remedies contemplated by 1.12.3.
1.12.5 If the Parties are unable to reach agreement on the provision of the additional or replacement rights or other appropriate remedies as contemplated by 1.12.4, the provision of those additional or replacement rights or remedies will be determined in accordance with Stage Three of Chapter 25 Dispute Resolution.
OTHER ABORIGINAL PEOPLES. The Final Agreement will not affect, recognize or provide any rights under section 35 of the
OTHER ABORIGINAL PEOPLES. 2.13.1 Nothing in the Final Agreement affects, recognizes or provides any rights under section 35 of the Constitution Act, 1982 for any Aboriginal Peoples other than the Acho Xxxx Xxx First Nation.
2.13.2 Use of “exclusive” in the Agreement in Principle does not affect the rights of Aboriginal Peoples who hold or assert section 35 rights, pursuant to the Xxxxxxxxxxxx Xxx, 0000, in the Acho Xxxx Xxx Settlement Area.
2.13.3 If a superior court of a province or territory, the Federal Court of Canada or the Supreme Court of Canada finally determines that any Aboriginal Peoples, other than the Acho Xxxx Xxx First Nation, has a right under section 35 of the Constitution Act, 1982 that is adversely affected by a provision of the Final Agreement:
a) that provision will operate and have effect to the extent it does not adversely affect that right; and
b) if the provision cannot operate and have effect in a way that it does not adversely affect that right, the Parties will make best efforts to amend the Final Agreement to remedy or replace that provision.
2.13.4 If the Government of Canada or the Government of the Northwest Territories enters into a Treaty or a Land Claims Agreement, within the meaning of sections 25 and 35 of the Xxxxxxxxxxxx Xxx, 0000, with any other Aboriginal Peoples and that Treaty or Land Claims Agreement adversely affects Acho Xxxx Xxx First Nation Section 35 Rights as set out in the Final Agreement, Government of the Northwest Territories or the Government of Canada, or both, as the case may be, will provide the Acho Xxxx Xxx First Nation with additional or replacement rights or other appropriate remedies.
2.13.5 At the request of the Acho Xxxx Xxx First Nation, the Parties will negotiate and attempt to reach agreement on the provision of those additional or replacement rights or other appropriate remedies contemplated by 2.13.4.
2.13.6 If the Parties are unable to reach agreement on the provision of the additional or replacement rights or other appropriate remedies contemplated by 2.13.4, the provision of those additional or replacement rights or appropriate remedies will be determined in accordance with chapter 31, Dispute Resolution.
2.13.7 The Acho Xxxx Xxx First Nation acknowledges that in the course of Final Agreement negotiations, Government will Consult other aboriginal groups who have established rights protected by section 35 of the Xxxxxxxxxxxx Xxx, 0000, or who assert that they have rights protected by section 35, which may be ad...
